What Is BNS Section 171?

Bharatiya Nyaya Sanhita, 2023 - Section 171: Undue Influence at Elections

(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.

(2) Without prejudice to the generality of the provisions of sub-section (1), whoever—

• (a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind; or
• (b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure,

shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1).

(3) A declaration of public policy or a promise of public action or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.

Brief Detail

BNS Section 171 addresses the offence of undue influence at elections, defined as any voluntary interference with the free exercise of electoral rights. It includes threats or attempts to induce fear of divine or spiritual consequences. However, lawful declarations of public policy or promises not intended to influence electoral rights do not constitute undue influence.

Question & Answers

Q1: What constitutes undue influence at an election under BNS Section 171?

A1: Undue influence at an election involves voluntarily interfering with or attempting to interfere with a person’s free exercise of their electoral rights. This includes threats or inducing fear of divine or spiritual consequences.

Q2: Are lawful declarations or promises considered undue influence under this section?

A2: No, lawful declarations of public policy or promises of public action are not considered undue influence if they are not intended to interfere with electoral rights.

Example

Example Scenario:

If a candidate threatens voters with harm or tells them that they will face divine retribution if they do not vote a certain way, such actions would be deemed undue influence under BNS Section 171. However, a candidate's promise to improve public services does not count as undue influence if it does not involve threats or coercion.

Summary

BNS Section 171 defines undue influence at elections as any voluntary interference with the free exercise of electoral rights. This includes threats of harm or inducing fear of divine or spiritual consequences. Legal declarations or promises made without intent to interfere are not considered undue influence.